Lawsuit launched against Fulton County Area Plan Commission and Data Center Ordinance Review Committee

Richard O'Neill, a Fulton County, Indiana resident, has initiated a lawsuit against the Fulton County Area Plan Commission (APC) and the Data Center Ordinance Review Committee, alleging violations of Indiana's Open Door Law. The complaint, filed in Fulton Superior Court, seeks a declaratory judgment and injunctive relief, claiming the committee held private meetings regarding data center regulations without public notice or attendance. Fulton County Superior Court Judge Greg Heller has recused himself from the case due to a prior professional relationship with the APC and a personal one with O'Neill. The lawsuit argues that both the APC and the Data Center Ordinance Review Committee are "governing bodies" under state statute and thus subject to the Open Door Law, which mandates public and recorded meetings. O'Neill's complaint highlights two alleged private meetings held by the committee on April 8. He is asking the court to declare the APC's resolution defining the committee as not a governing body void, compel the committee to comply with the Open Door Law, and issue a preliminary injunction to prevent further private meetings. The Data Center Ordinance Review Committee was established following the county commissioners' 2-1 vote in March to approve a one-year data center moratorium, prompted by discussions of a potential data center in Akron. The committee was tasked with reviewing existing regulations and recommending amendments to the APC's data center ordinance, aiming to protect public safety, infrastructure, and the environment. However, the resolution forming the committee explicitly stated its meetings would not be open to the public, a point of contention for some residents concerned about transparency.